(iii) Procedures to be followed in case of an accident or other emergency. (b) A motor vehicle which contains hazardous materials other than Division 1.1, 1.2, or 1.3 materials must not be parked on or within five feet of the traveled portion of public street or highway except for brief periods when the necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place. (1) For purposes of this subpart, a preferred route is an Interstate System highway for which an alternative route is not designated by a State routing agency; a State-designated route selected by a State routing agency pursuant to 397.103; or both of the above. Secretary. Any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof. The eCFR is displayed with paragraphs split and indented to follow Department of Transportation (DOT) regulations assign the responsibility to the shipper (e.g., hospital) for properly packaging hazardous materials that are being transported offsite (see shipper's responsibility in 49 CFR 173.22 ). Electronic Code of Federal Regulations (e-CFR), CHAPTER I - MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR, SUBCHAPTER O - COAL MINE SAFETY AND HEALTH, PART 75 - MANDATORY SAFETY STANDARDS - UNDERGROUND COAL MINES. View proposed rules that are currently undergoing review and the upcoming scheduled rulemaking hearings. Management Memo 15-07 - Diesel, Biodiesel, and Renewable Hydrocarbon Diesel Bulk Fuel Purchases. After a petition for dispute resolution is filed in accordance with this section, no court action may be brought with respect to the subject matter of such dispute until a final decision has been issued by the Administrator or until the last day of the one-year period beginning on the day the Administrator receives the petition, whichever occurs first. (b) The Administrator may dismiss the application without prejudice if: (1) he or she determines that there is insufficient information upon which to base a determination; or. Each container must be marked and labeled. California Code of Regulations, Title 17, Sections 95480-95497 - Low Carbon Fuel Standard. (b) The Administrator may issue a waiver of preemption order only if he or she finds that the requirement of the State, political subdivision thereof, or Indian tribe affords the public a level of safety at least equal to that afforded by the requirements of the Act and the regulations issued under the Act and does not unreasonably burden commerce. DOT 406 tank is also suitable for the transport of No. 2 . (c) If, as the result of an examination pursuant to paragraph (a) of this section, or otherwise, a tire is found to be overheated, the driver shall immediately cause the overheated tire to be removed and placed at a safe distance from the vehicle. Washington, DC 20590 United States. Transportation 49.392.50 Ignition of fuel; prevention on Westlaw. Only transfer fuel in well ventilated areas. Motor vehicle. Common sense should also be a key guide when it comes to transporting fuel. [57 FR 44131, Sept. 24, 1992, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007; 77 FR 59828, Oct. 1, 2012; 78 FR 58485, Sept. 24, 2013; 81 FR 68359, Oct. 4, 2016]. The Administrator may solicit and accept submissions from third persons relevant to an application and will provide the applicant an opportunity to respond to all third person submissions. Nomenclature changes to part 397 appear at 66 FR 49874, Oct. 1, 2001. Confusion arises for diesel in first determining if it is regulated or not, Suggested site content and search history menu, J. J. Keller protects people and the businesses they run.. 397.73 Public information and reporting requirements. (f) Decision. This subpart contains routing requirements and procedures that States and Indian tribes are required to follow if they establish, maintain, or enforce routing designations over which a non-radioactive hazardous material (NRHM) in a quantity which requires placarding may or may not be transported by a motor vehicle. All other safety cans must be stored in permanent underground diesel fuel storage facilities. The Secretary of the Department of Transportation receives the authority to regulate the transportation of hazardous materials from the Hazardous Materials Transportation Act (HMTA), as amended and codified in 49 U.S.C. AGRICULTURE USE. (2) Each person who operates or who is in charge of a motor vehicle containing hazardous materials. The first interpretation is that farmers are not subject to any of the hazmat regulations as long as the agriculture product, in this case diesel fuel, is transported over local roads between fields of the same farm. In establishing any NRHM routing designation, the State or Indian tribe shall provide reasonable access for motor vehicles transporting NRHM to reach: (ii) Points of loading, unloading, pickup and delivery, and. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. This is for Vermont only. Each of these two fire extinguishers shall be a portable twenty-pound multipurpose dry-chemical type fire extinguisher maintained in accordance with MSHA regulations. (2) Public participation. The States shall be responsible for resolving all disputes between such political subdivisions within their jurisdictions. It is applicable in Great Britain and Northern Ireland . U.S. What skills will I need to do this job? Pressing enter in the search box (i) Diesel fuel transportation units shall be parked only in permanent underground diesel fuel storage facilities or temporary underground diesel fuel storage areas when not in use. 5125, or 397.69 or 397.203 of this part, or that has been determined by a court of competent jurisdiction to be so preempted. (a) This subpart prescribes procedures by which: (1) Any person, including a State, political subdivision thereof, or Indian tribe, directly affected by any highway routing designation for hazardous materials may apply to the Administrator for a determination as to whether that highway routing designation is preempted under 49 U.S.C. Comments or questions about document content can not be answered by OFR staff. The vehicle must be placarded according to standard and shipping papers must accompany the shipment throughout transportation. (2) No person may fill and offer for transportation a portable . 49 U.S.C. (b) Each application filed under this section for a waiver of preemption determination must: (2) Set forth a detailed description of the highway routing designation of the State, political subdivision thereof, or Indian tribe for which the determination is being sought; (3) Include a copy of any relevant court order or determination issued pursuant to 397.211; (4) Contain an express acknowledgment by the applicant that the highway routing designation of the State, political subdivision thereof, or Indian tribe is preempted under the Act or the regulations issued under the Act, unless it has been so determined by a court of competent jurisdiction or in a determination issued under this subpart; (5) Specify each provision of the Act or the regulations issued under the Act that preempts the highway routing designation of the State, political subdivision thereof, or Indian tribe; (6) State why the applicant believes that the highway routing designation of the State, political subdivision thereof, or Indian tribe affords an equal or greater level of protection to the public than is afforded by the requirements of the Act or the regulations issued under the Act; (7) State why the applicant believes that the highway routing designation of the State, political subdivision thereof, or Indian tribe does not unreasonably burden commerce; and. Office of the General Counsel. Those not in commerce (e.g. Phone: 202-366-4702 (k) Diesel fuel shall not be transported on or with mantrips or on conveyor belts. (c) A motor vehicle may be operated over a route, other than a preferred route, only under the following conditions: (1) The deviation from the preferred route is necessary to pick up or deliver a highway route controlled quantity of Class 7 (radioactive) materials, to make necessary rest, fuel or motor vehicle repair stops, or because emergency conditions make continued use of the preferred route unsafe or impossible; (2) For pickup and delivery not over preferred routes, the route selected must be the shortest-distance route from the pickup location to the nearest preferred route entry location, and the shortest-distance route to the delivery location from the nearest preferred route exit location. According to DOT rules, you may store and transport diesel fuel only in a container that is made from certain materials. - Mine Safety and Health Administration, Department of Labor, - Mandatory Safety Standards - Underground Coal Mines, https://www.ecfr.gov/current/title-30/chapter-I/subchapter-O/part-75/subpart-T/section-75.1906. Transporters of fuel are required to follow specific registration, training, communication, packaging, emergency response and security regulations to maintain public safety. View Navigation. Person means an individual, firm, copartnership, corporation, company, association, joint-stock association, including any trustee, receiver, assignee, or similar representative thereof, or government, Indian tribe, or agency or instrumentality of any government or Indian tribe when it offers hazardous materials for transportation in commerce or transports hazardous materials in furtherance of a commercial enterprise, but such term does not include the United States Postal Service. To minimize threats to life, property or the environment due to hazardous materials related incidents, PHMSA's Office of Hazardous Materials Safety . of Transportation DOT Regulations Existing Regulations, Research, and the Rulemaking Process William Chernicoff . 1200 New Jersey Avenue, S.E. Copyright year J. J. Keller & Associates, Inc. All rights reserved. 5.1.7 Fuel Systems (393 Subpart E) Fuel systems include the fuel tanks and lines that supply fuel to a motor vehicle's engine. Official websites use .govA .gov website belongs to an official government organization in the United States. site when drafting amendatory language for Federal regulations: (2) A State, political subdivision thereof, or Indian tribe may apply to the Administrator for a waiver of preemption with respect to any highway routing designation that the State, political subdivision thereof, or Indian tribe acknowledges to be preempted by 49 U.S.C. 322; 49 CFR 1.87. Learn more about the eCFR, its status, and the editorial process. For instance, never fill a gas can when it's in the trunk of a vehicle or in the back of a pickup because fuel vapors tend to gather at the lowest point of . However, the vehicle may be driven to the nearest safe place to perform the required repair, replacement, or inflation. Knowledge of transportation systems, budgeting, scheduling and team management can also be advantageous. . (a) A motor vehicle containing hazardous materials must not be operated near an open fire unless its driver has first taken precautions to ascertain that the vehicle can safely pass the fire without stopping. It is not an official legal edition of the CFR. 397.201 Purpose and scope of the procedures. DOT Federal Cargo Tank CT Number Search - Search engine to locate authorized CT registrants The application filed with the Administrator must include a certification that the applicant has complied with this paragraph and must include the names and addresses of each official to whom a copy of the application was sent. Additional notice to all other persons who received notice of the proceeding may be served by publishing a notice in the Federal Register. Read this complete Code of Federal Regulations Title 49. The Administrator may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. Routing agency means the State highway agency or other State agency designated by the Governor of a State, or an agency designated by an Indian tribe, to supervise, coordinate, and approve the highway routing designations for that State or Indian tribe. This publication may be accessed free of charge on the Internet at http://mutcd.fhwa.dot.gov/. (b) No more than one safety can shall be transported on a vehicle at any time. These requirements fall under the authority of the Federal Motor Carrier Safety Administration, a division of the DOT and cover the requirements for diesel fuel tank construction, mounting, testing and marking. The agricultural exception is covered in 49 CFR 173.500. When a motor vehicle which contains hazardous materials is being fueled -, (a) Its engine must not be operating; and. Weather conditions unique to a highway route such as snow, wind, ice, fog, or other climatic conditions that could affect the safety of a route, the dispersion of the NRHM upon release, or increase the difficulty of controlling it and cleaning it up shall be given appropriate consideration. 397.219 Waiver determination and order. View the most recent official publication: These links go to the official, published CFR, which is updated annually. When 440 lbs have been exceeded (for businesses), however, the load is fully regulated. Propane transportation limits change depending on the type of vehicle you . (ix) Alternative routes. Act 196 of 1986, Public Transportation Authority Act. Strong communication, problem-solving, organization, and customer service skills are essential. All other safety cans must be stored in permanent underground diesel fuel storage facilities. However, the vehicle need not be attended while its driver is performing duties which are incident and necessary to the driver's duties as the operator of the vehicle. (b) An empty tank motor vehicle which has been used to transport Class 3, flammable materials, or Division 2.1 flammable gases, which when so used, was required to be marked or placarded in accordance with the rules in 177.823 of this title. Section 216.347 Disbursement of Grants and Aids Appropriations for Lobbying Prohibited. (ii) That the current routing presents a greater risk but less than 50 percent more risk to the public than the deviation under the proposed routing restriction, then the proposed routing restriction made by a State or Indian tribe shall only go into effect if it does not force a deviation of more than 25 miles or result in an increase of more than 25 percent of that part of a trip affected by the deviation, whichever is shorter, from the most direct route through a jurisdiction as compared to the intended deviation. (ii) By mail to the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-SE), 1200 New Jersey Ave. (b) A motor vehicle containing hazardous materials must not be parked within 300 feet of an open fire. [79 FR 59457, Oct. 2, 2014, as amended at 81 FR 68358, Oct. 4, 2016; 83 FR 22881, May 17, 2018; 83 FR 48726, Sept. 27, 2018; 87 FR 59037, Sept. 29, 2022]. Former president Donald Trump greets Mayor Trent Conaway of East Palestine, Ohio, on Feb. 22. (d) A State, political subdivision, or Indian tribe may petition for a waiver of preemption in accordance with 397.213 of this part. 49 CFR 173.150 states that a flammable liquid with a flash point at or above 38 C (100 F) that does not meet the definition of any other hazard class may be reclassed as a combustible liquid. 397.2 Compliance with Federal motor carrier safety regulations. The US transportation legislation that governs the transport of hazardous materials such as fuel in the Hazardous Materials Table found in Title 49 CFR 172.101. (a) Establishment of the transportation fuel monitoring and enforcement unit. (1) I N GENERAL.The Commission shall establish within the Commission the Transportation Fuel Monitoring and Enforcement Unit (in this section referred to as the "Unit"). The limits and applicability have evolved as follows: October 1993 Sulfur limited to a maximum of 500 ppm and aromatics to 10 percent or equivalent. Storage materials you should avoid include tin, copper, lead, zinc and brass. Currently, OSHA safety cans and DOT safety cans are exempt from CARB regulations. Business Hours:9:00am-5:00pm ET, M-F. The container carrying the fuel must be constructed so that . Routing designations. (5) State how the applicant is affected by the highway routing designation of the State, political subdivision thereof, or Indian tribe. At the minimum, officers will ask drivers to park roadside until they have completed enough off-duty hours to be able to drive again. (j) When the distance between a diesel fuel transportation unit and an energized trolley wire at any location is less than 12 inches, the requirements of 75.1003-2 must be followed. 397.101 Requirements for motor carriers and drivers. 397.3 State and local laws, ordinances, and regulations. This notice shall request approval, in writing, by those States or Indian tribes, of the proposed routing designations. This web site is designed for the current versions of A motor carrier or other person to whom this part is applicable must comply with the rules in parts 390 through 397, inclusive, of this subchapter when he/she is transporting hazardous materials by a motor vehicle which must be marked or placarded in accordance with 177.823 of this title. When transporting diesel fuel, many often wonder if placarding is required. (g) Non-self-propelled diesel fuel transportation units with electrical components for dispensing fuel that are connected to a source of electrical power must be protected by a fire . The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. Motor Carrier Registration & Credentials. (f) A person may transport irradiated reactor fuel only in compliance with a plan if required under 49 CFR 173.22(c) that will ensure the physical security of the material. (ii) The DOT Guidelines for Applying Criteria to Designate Routes for Transporting Hazardous Materials, DOT/RSPA/OHMT-89-02, July 1989[1] or its most current version; or an equivalent routing analysis which adequately considers overall risk to the public. Bulk packaging has no intermediate form of containment and has a maximum capacity greater than 119 gallons for a liquid hazmat. (1) A motor vehicle is attended when the person in charge of the vehicle is on the vehicle, awake, and not in a sleeper berth, or is within 100 feet of the vehicle and has it within his/her unobstructed field of view. Proven workplace safety and compliance solutions to help you satisfy OSHA regulations, keep workers safe, and ensure environmental compliance. You are using an unsupported browser. Subparts C, D, and E also issued under 49 U.S.C. U.S. user convenience only and is not intended to alter agency intent Attention: Office of the Chief Counsel, Enforcement and Litigation Division (MC-CCE); (2) Set forth a detailed description of the highway routing designation of the State, political subdivision thereof, or Indian tribe for which the determination is sought; (3) If applicable, specify the provisions of the Act or the regulations issued under the Act under which the applicant seeks preemption of the highway routing designation of the State, political subdivision thereof, or Indian tribe; (4) Explain why the applicant believes the highway routing designation of the State, political subdivision thereof, or Indian tribe should or should not be preempted under the standards of 397.203; and. (a) The applicant State, political subdivision thereof, or Indian tribe shall mail a copy of the application and any subsequent amendments or other documents relating to the application to each person whom the applicant reasonably ascertains will be affected by the determination sought. [59 FR 63925, Dec. 12, 1994, as amended at 77 FR 59828, Oct. 1, 2012], (a) A motor vehicle which contains Division 1.1, 1.2, or 1.3 materials must not be parked under any of the following circumstances -. The transporter must notify the DOT immediately if there is a spill, fire, injury, death or other incident the driver finds worthy of reporting. In evaluating an application, the Administrator may consider any other source of information. (2) Telephone numbers which will access emergency assistance in each State to be entered. States and Indian tribes shall define the exposure and risk factors associated with any NRHM routing designations. The details of the DOT 406 specification can be found in 49 CFR 178 sub-parts 345 and 346. Choosing an item from This content is from the eCFR and may include recent changes applied to the CFR. This will link you to the Federal Motor Carrier Safety Administration's Regulatory Guidance section . (d) Court actions. RENEWABLE FUEL STANDARD . All containers shall be properly labeled. All other safety cans must be stored in permanent underground diesel fuel storage facilities. The term includes a motor carrier's agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers. If you have questions or comments regarding a published document please (c) Operating convenience is not a basis for determining whether it is practicable to operate a motor vehicle in accordance with paragraph (b) of this section. A. As a 397.213 Waiver of preemption application. Sharpen your regulatory knowledge by attending our webcasts, executive seminars and industry tradeshows. Motor carrier. 5101 et seq., formerly known as the Hazardous Materials Transportation Act. NRHM. In consultation with the proper fire, law enforcement, and highway safety agencies, consideration shall be given to the emergency response capabilities which may be needed as a result of an NRHM routing designation. Any NRHM routing designation made in accordance with this subpart shall not create an unreasonable burden upon interstate or intrastate commerce. One or more States or Indian tribes may petition the Administrator to resolve a dispute relating to an agreement on a proposed NRHM routing designation. Regulation Y (iii) Deviations from preferred routes, or pickup or delivery routes other than preferred routes, which are necessary for rest, fuel, or motor vehicle repair stops or because of emergency conditions, shall be made in accordance with the criteria in paragraph (a) of this section to minimize radiological risk, unless due to emergency conditions, time does not permit use of those criteria. Navigate by entering citations or phrases (b) If, as the result of an examination pursuant to paragraph (a) of this section, or otherwise, a tire if found to be flat, leaking, or improperly inflated, the driver must cause the tire to be repaired, replaced, or properly inflated before the vehicle is driven. You are using an unsupported browser. Forms may be e-mailed to: FuelDistribution@dot.nh.gov, or faxed to the fax number on the respective form. Each petition for dispute resolution filed under this section must: (1) Be submitted to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001.

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